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Author Archives: Deborah Elkins

Products Liability – Constructive Fraud – Economic Loss Rule (access required)

A Lynchburg U.S. District Court grants summary judgment to defendant distributor of a Peterson HC 6700B Grinder in plaintiff lumber company’s products liability action, holding that the economic loss rule bars plaintiff’s sole surviving claim against the distributor, for constructive ...

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Employment Discrimination – EEOC Complaint – Letter (access required)

A Harrisonburg U.S. District Court refuses to dismiss plaintiff’s age discrimination complaint, despite defendant school board’s assertion that plaintiff’s filings with the EEOC do not constitute an adequate and timely charge; assuming that plaintiff can prove the EEOC received the ...

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Civil Rights – Juvenile Escapee – Social Services Custody (access required)

A Harrisonburg U.S. District Court dismisses a civil rights suit against defendant local social services agency and its employees that arises from the death of a 15-year-old girl placed by the agency in a private facility in Richmond, from which ...

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Employment Discrimination – Title VII – Timely EEOC Charge (access required)

A Title VII plaintiff’s bare allegation that she filed her EEOC complaint within the 180-day period after her termination from her job with defendant does not create a material dispute as to the timing of her EEOC complaint, and a ...

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Criminal – Custodial & Noncustodial Statements – Rights Waiver (access required)

A Roanoke U.S. District Court denies defendant’s motion to suppress statements he made after he received his rights in both English and Spanish, and orally waived his rights and discussed his criminal activity with police for over an hour prior ...

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Employment – Public Employment – Political Affiliation (access required)

Although the 4th Circuit ruled in this case that defendants were entitled to qualified immunity because it was not clearly established at the time that political affiliation could not be considered when hiring for the position of director of the ...

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Insurance – Policy Coverage – Employment Practices Policy (access required)

Letters, a draft complaint and a telephone demand for $1.2 million from a former employee’s lawyer did not meet an insurance policy definition of a “claim” and a Charlottesville U.S. District Court says a carrier must defend the employer in ...

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Criminal – Speedy Trial – Pretrial Diversion – Health Care Fraud (access required)

Although defendant in this health care fraud case “has no criminal record and did not benefit financially from the conspiracy beyond her regular salary,” a Charlottesville U.S. District Court cannot approve continuance of this matter pending defendant’s completion of a ...

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Intellectual Property – Trade Secrets – KEVLAR Aramid Fiber (access required)

A Richmond U.S. District Court says a company’s business tort claims against a competitor are not “preempted” by the Virginia Uniform Trade Secrets Act. In count 1, DuPont has alleged misappropriation of trade secrets in violation of the Virginia Uniform ...

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Consumer Protection – Mortgage Loan – RESPA – FDCPA – Damages (access required)

In plaintiffs’ suit alleging defendant mortgage lender violated the Real Estate Settlement Procedures Act and the Fair Debt Collection Practices Act by failing to properly credit payments on their mortgage loan, a Richmond U.S. District Court grants summary judgment for ...

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